§ 94.99 PENALTY.
   (A)   A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an infraction punishable by a fine of not less than $10 nor more than $25.
   (B)   A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction punishable by a fine of not less than $10 nor more than $25.
   (C)   In addition to the fines established by this section repeated violations of this article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any occupancy permit or business license issued to the person for the premises on which the violation occurred.
   (D)   Violation of this article is hereby declared to be a public nuisance, which may be abated by the city by restraining order, preliminary and permanent injunction or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
   (E)   Each day of a continuing violation of this article shall be considered a separate and distinct offense.
(Ord. 13-001, passed 1-8-2013)